IDK about statutes but the Constitution uses the word Money not money. The highest law of the land certainly qualifies this as Lawful............Gold and silver can be "tendered" by states and you and I have already determined bills of credit are issued by Federal Government not Federal Reserve duh Federal Reserve notes are not Bills of Credit.....remember trying to explain to me the process of how Fed notes enter circulation? I assert Bills of Credit are what is given to the Fed for this process.....prove me wrong.
So you have no support for your assertion that lawful money must be issued directly by the federal government, then. Because nothing you said stands against the idea that congress can delegate its money powers just as it has delegated so many other powers.
I'm not going to prove you wrong about an assertion you just pulled out of your ass. If you want to make unsupported claims you're going to show us the constitutional clause, statute, or court case that says what you say. If Bills of Credit are indeed "given to the Fed" for the purpose of circulating currency, you'll find text in the Federal Reserve Act describing that process.
What ever authorizes congress to deposit anything it issues with the Fed I reckon....maybe you should find it. Maybe it's buried in the Statutes and not referenced in the Code. In any case we both have been working on this assumption all along. Why should we assume there has ever been needed a court case for this.
Treasury is not authorized to issue FRN's. Fed buys Treasuries. Fed is authorized to issue FRN's to Reserve agents (fed branches) for the purpose of reserves to those agents. Scenario: Agent calls up the Fed and says "I need more "money"".
The treasury can mint coins and deposit them at the Fed in order to increase its checkbook balance, absolutely. That has absolutely nothing to do with your claim about the federal government having to deposit lawful money in order to circulate Federal Reserve Notes though.
It's not hidden or buried, it just doesn't exist.
Didn't necessarily?? How can you say this. Congress spends every dime it appropriates for bills does it not? Are you suggesting Congress spends anything other than FRN's to pay its bills? If Congress simply paid in lawful money there would be no need for the Fed. When The Government gives out money for anything like military spending or Social Security or infrastructure improvements...are you suggesting infrastructure workers or other government workers are paid in US notes and not Fed notes?
What does congressional spending have to do with the Fed's balance sheet and Federal Reserve Notes in circulation...? As you are so fond of pointing out, these are separate entities, and yet it sounds like you're conflating everything together.
Now it is you misreping the statute. FRN's are redeemable in lawful money not redeemable with lawful money. If FRN's are lawful money they are not redeemable.
They have exactly the same meaning. I didn't put quotes around words as if I literally pulled them straight out of the statute.
Logically, your argument fails. Federal Reserve Notes are redeemable in lawful money, sure. Federal Reserve Notes are lawful money. Thus Federal Reserve Notes can be redeemed in Federal Reserve Notes. Why would they not be redeemable in lawful money because they are lawful money? The statute doesn't provide any such limit.
[quote
]Furthermore if FRN's are lawful money courts would have to rule the Federal Reserve Act Unconstitutional. You fail to see the sleight of hand here where Congress uses lawful money to borrow negotiable instruments which has been argued to have not been covered by the Constitution.[/quote]
Why do you think the courts would have to rule the Federal Reserve Act unconstitutional if Federal Reserve Notes are lawful money?
US v. Gardiner:
"Gardiner next asserts that he was not subject to the jurisdiction of the IRS
because he did not receive ‘money’ in 1970 and 1971
as the Federal Reserve Notes he received were not lawful money.
Such an argument has been summarily found to be without merit,
United States v. Scott, 521 F.2d 1188, 1192 (9th Cir. 1975); cf.
Milam v. United States, 524 F.2d 629 (9th Cir. 1974),
and we so find here. His other arguments are of even lesser merit and the judgment is therefore
Affirmed."
I see no hesitation about the constitutionality of the Federal Reserve Act in this case.
Again, what year was the Federal Reserve Act, which actually IS 12usc411, passed???
Homework assignment lmfao.
In 1913, at least 50 years before the United States abandoned fiat currency, and almost 20 years before the Great Depression. Since this makes my point and not yours, what is this gloating about homework?
No the Constitution did. It defined Money and the Constitution is lawful. Congress expanded this definition to include a certain form of paper currency and the Court is free to use this definition willy nilly.
Are you kidding? The constitution defines money and the constitution is lawful, so the constitution defined "lawful money"? As the king of definitions in this thread, you cannot possibly be suggesting that.
Please tell us, in exact words, where the constitution defines lawful money as not holdable as reserves, non-negotiable, and with any other attribute you've identified. You cannot because it does not. "Lawful money" was never defined, so no court is using the definition willy nilly.
Right. Court also upheld FRN's are Legal Tender not Lawful Money, nice to be on the same page finally.
US v. Gardiner:
"Gardiner next asserts that he was not subject to the jurisdiction of the IRS
because he did not receive ‘money’ in 1970 and 1971
as the Federal Reserve Notes he received were not lawful money.
Such an argument has been summarily found to be without merit,
United States v. Scott, 521 F.2d 1188, 1192 (9th Cir. 1975); cf.
Milam v. United States, 524 F.2d 629 (9th Cir. 1974),
and we so find here. His other arguments are of even lesser merit and the judgment is therefore
Affirmed."
Guess you are missing my point that if court can't declare what Legal Tender is then it certainly can't declare what Lawful Money is as you claim they did in Juiliard.
Do you actually not understand the difference? There's a statute that says "legal tender" means these things. There is nothing that says "lawful money" means anything. Courts cannot declare what is legal tender because congress has explicitly done so; but it has no defined "lawful money," which you acknowledge in attempting to argue that the definition originates in the constitution.
​Reading comprehension. The power is plenary. The power delegated is the power to issue notes from the plenary money power.
What point are you trying to make about plenary power? The fact that the power is plenary has nothing to do with delegation.
Yes it is. Read it here:http://www.law.cornell.edu/usc-cgi/g...statnum:12_345
Notice the 150 million now stands at 300 million in 31usc5115.
Notice they are good for all demands and debts of the US "except for interest on bonds and notes, which shall be paid in coin," (gold or silver then)"and shall be lawful money AND legal tender except for duties on imports and interest as aforesaid."
I showed you one in Ware too.....Ware quotes and states the defintion of lawful money in the form or US notes......you cannot find a quote that FRN's are lawful money without the "quotes" that is also legal tender can pay interest on the public debt.....bonds have to back legal tender. They are bonded which is why they trade "as" money. Gold needs no bond.
I understand what the statute says. The words "and shall also be lawful money and a legal tender" do not transform the rest of the statute into adefinition of lawful money, which is what you claimed. You didn't contradict me saying it wasn't a definition, you just repeated yourself. Anyone who looks at the text can obviously see that it is not supposed to be a definition of lawful money.
We can see this in what you just said about Ware. According to you, it "quotes and states the definition of lawful money in the form or [sic] US notes." Where does it do that? You cannot possibly mean here: "
United States notes shall be lawful money, and a legal tender in payment of all debts, public and private, within the United States, except for duties on imports and interest on the public debt." This does not purport to be a definition of "lawful money" at all, it merely is quote of the statute that states a fact--United States Notes shall be lawful money.
OK I think we are close to being on the same page now....Again the Statute is in effect because the Federal Reserve Act is still in effect lol.....Court cant change the wording of the Federa Reserve Act.......I just don't see how you can view it as something courts haven't answered yet which would be assuming court has power to change it or to make Congress change it.
Its not that Congress doesn't need to it's that Congress can't. It must remain in order to float a debt in Commercial Paper with roots in Common Law. It is Common Law Remedy for Commercial Paper.
Of course courts cannot change the wording of the Federal Reserve Act, and I never said anything to the contrary. No change is required. The phrase "lawful money" was not defined anywhere in federal law, which left ambiguity. The court has every right to interpret the meaning of "lawful money" when congress has not chosen to specify one. That's their role in our system. If congress doesn't like the interpretation the court adopts, it can enact a new law, have the president sign it, and declare that "Lawful money is x, y, and z." This happens all the time.
Congress' money power is derived from the constitution, not from the common law, so what you just said about borrowing is totally irrelevant. The constitution says the federal government can borrow money. Period. There is no requirement that congress comply with the English common law in doing so--the power is absolute.
My wimpers? Do I read as if I am debating or merely explaining? Redemption is Remedy that is required by the First Judiciary Act. We The People delegated "the money power" to our branch not to the Federal Government at Large.
So where does the Government get the metal to issue lawful Silver Eagle coins from? Sunshine Mint? Are they The People?
What text in the Judiciary Act of 1789 are you talking about? I'll be happy to take a look. Of course, we the people delegated every power we gave to congress to congress , and that doesn't matter for a lick, so obviously it doesn't matter here. Do you not realize how much power congress has delegated to executive agencies? That's handing it from one branch to another. Of course, constitutional law tells us this is Ok so long as there is congressional oversight, etc., etc. This is why Ben Bernanke shows up in front of congress, because that's one of the requirements of a proper delegation of powers.
As for issuing Silver Eagles: the fact that the government needs metal to mint coins does not mean that the money power meaningfully resides in the people. The people cannot make money under the constitution and that's that. They do not retain any power over it; not selling metal is exercising freedom of transaction, not exercising money power.
WTF????? Stop huffing gasoline. Congress only delegated the power to regulate the value thereof, at best despite your quite strange insistence otherwise. Fed reports to Congress and tells it the bullshit you keep spitting off here. Congress Constitutionally has defined Coins as lawful money and legal tender, USNotes as lawful money and legal tender and Federal Reserve Notes as legal tender only.
Really, the Federal Reserve Act says "We, congress, delegate only our power to regulate the value thereof"? What's your basis for saying that otherwise?